Patent Litigation

News & Analysis as of

Request for Stay Pending Before Institution of Inter Partes Review Denied

US Endoscopy Group requested a stay of proceedings pending resolution of three inter partes review (“IPR”) petitions pending before the U.S. Patent and Trademark Office (“PTO”). Judge Román recognized the benefits of the new...more

Court Report -- Part II - July 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the District Court of...more

Bushwacker Accused of Serial Patent Infringement of Hood Protectors

Lund, Inc. (“Lund”), a Delaware corporation with headquarters in Buford, Georgia, initiated a patent infringement action against Bushwacker, Inc., and Bushwacker Automotive Group, LLC (“Bushwacker), Oregon entities, relating...more

The Supreme Court’s Push For Clarity in Patent Cases

The Supreme Court had a busy term, particularly with regard to patent cases, and especially in an effort to provide much needed guidance to the divided U.S. Court of Appeals for the Federal Circuit. The Supreme Court granted...more

Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

On June 19, 2014, the U.S. Supreme Court unanimously ruled in the case of Alice Corporation v. CLS Bank International that patent claims for managing risk in financial transactions disclosed an abstract idea and were thus not...more

Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms. Inc. (Fed. Cir.)

Case Name: Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms Inc., 748 F.3d 1354 (Fed. Cir. Apr. 21, 2014) (Circuit Judges Newman, Linn and Wallach presiding; Opinion by Newman) (Appeal from D.N.J., Cavanaugh,...more

Progress Toward Comprehensive Patent Reform Stalls

On May 21, 2014, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that he was removing patent reform legislation from the Committee's agenda, effectively eliminating any chance for Senate consideration this...more

What to Know After the Latest Patent Ruling by the U.S. Supreme Court

In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software...more

IP Buzz - July 2014

In this issue: - IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR - Public Comments on AIA Trial Proceedings – the USPTO is Listening - Versata v. SAP: PTAB Decision...more

ITC Section 337 Update – July 2014

Commission Affirms No Domestic Industry Based On Research And Development In 859 Investigation – On July 21, 2014, the Commission issued a Notice To Affirm In Part, Reverse In Part And Vacate In Part The Final Initial...more

IP Newsflash - July 2014 #3

Federal Circuit Finds District Court Erred in Refusing to Consider Evidence Pertinent to Determination of Priority Even Though the Evidence was Not Presented to the Board of Patent Appeals and Interferences - The...more

Braintree Labs., Inc. v. Novel Labs., Inc. (Fed. Cir.)

Case Name: Braintree Labs., Inc. v. Novel Labs., Inc., 749 F.3d 1349 (Fed. Cir. Apr. 22, 2014) (Circuit Judges Dyk, Prost, and Moore presiding; Opinion by Prost, J.; Concurrence-in-part and Dissent by Dyk, J.; Dissent by...more

New Testimony Prohibited in Patent Owner’s Preliminary Response

In TD Ameritrade Holding Corp. v. Trading Technologies International, Inc., CBM2014-00131, Paper 10 (July 24, 2014), the Board rejected a live demonstration as part of a preliminary response, likening it to new testimonial...more

Court Report - July 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC et al. v. Glenmark Generics Inc. USA 1:14-cv-00877; filed July 3, 2014 in the District Court of...more

Image Processing Patent Held To Be An Abstract Idea Under Alice Corp.

Digitech Image Technologies ("Digitech") asserted U.S. Patent No. 6,128,415, directed to the generation and use of device profiles for digital image processing system against numerous defendants, including Xerox and Fujifilm...more

Additional Discovery Granted

In ARRIS Group, Inc. v. C-Cation Technologies, LLC, IPR2014-00746, Paper 15 (July 24, 2015). the Board actually granted additional discovery of an indemnification agreemenet between Petitioner and Com-Cast, which the patent...more

Versata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict

As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first...more

Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark

Adrea, LLC ("Adrea") filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, "B&N"), which alleged that B&N's e-reader Nook infringed U.S. Patent Nos....more

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

Gilead Sciences, Inc. v. Natco Pharma Ltd. (Fed. Cir.)

Case Name: Gilead Sciences, Inc. v. Natco Pharma Ltd., 2013-1418, 2014 U.S. App. LEXIS 7494 (Fed. Cir. Apr. 22, 2014) (Circuit Judges Rader, Prost, and Chen presiding; Opinion by Chen, J.; Dissent by Rader, C.J.) (appeal from...more

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff's Products that...

After a jury trial in which Power Integrations, Inc. ("Power") obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor ("Fairchild"), Power moved for a permanent injunction. In analyzing...more

Stewart Title Guaranty Co. v. Segin Software, LLC (PTAB 2014)

On April 12, 2013, Segin Software sued Stewart Title and several other parties for infringement of U.S. Patent No. 8,165,939. The defendants filed a petition with the U.S. Patent and Trademark Office requesting post-grant...more

Allergan, Inc. v. Apotex, Inc. (Fed. Cir.)

Case Name: Allergan, Inc. v. Apotex, Inc., No. 2013-1245, -1246, -1247, 2014 U.S. App. LEXIS 10710 (Fed. Cir. June 10, 2014) (Circuit Judges Prost, Reyna and Chen presiding; Opinion by Prost, C.J.; Dissent-in-part by Chen,...more

The Mystery of the Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order...more

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

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